Generative AIs like Chat GPT pose novel benefits, as well as challenges. The federal government has released a voluntary code of conduct for generative AI following summer 2023 consultations and is now consulting on new guidelines on copyright and generative AI. These generative AI consultations occur while the federal government’s proposed new AI law in Bill C-27 is undergoing further study in Parliament (the Artificial Intelligence and Data Act). If this new AI law were to pass, then generative AI use cases in the retail ecosystem would generally be governed by it, meaning there is a possibility that the AI guidelines from these 2023 consultations could then evolve into legal rules with significant penalties and guardrails. However, it is RCC’s understanding that, for now, the existing federal generative AI code of conduct is voluntary and iterative as circumstances evolve.
The federal generative AI voluntary code of conduct
The federal generative AI and copyright consultation, which addresses the following questions.
- the use of copyright-protected works in the training of AI systems;
- authorship and ownership rights related to AI-generated content; and
- liability, especially when AI-generated content could infringe existing copyright-protected works.
RCC submitted comments to the federal consultation on generative AI and copyright earlier in 2024. Retailers can be both users of generative AI and authors and/or owners of copyright-protected works. We suggested that any changes to Canadian copyright legislation to deal with generative AI must maintain a reasonable, fair balance between copyright author and/or owner rights and generative AI user rights, effectively facilitating innovation – and incentives to innovate – while protecting copyrighted works and incentives to create and own copyright.
RCC comments on generative AI and copyright
If you are interested in more information, please contact Kate Skipton at kskipton@retailcouncil.org .
